Massachusetts First With Ocean Management Plan for State Waters

The Ocean Management Plan issued Monday by Energy and Environmental Affairs Secretary Ian Bowles provides new protections for environmental resources in nearly two-thirds of the Commonwealth's coastal waters and sets standards for the development of commercial-scale and community-scale offshore wind energy as well as other infrastructure.

"Just as we do with our development on land, we can and must plan for the long term when it comes to the development of the Commonwealth's waters. With this ocean plan, Massachusetts is setting a national precedent as we protect our ocean environment while harnessing its renewable energy potential," said Governor Deval Patrick.

The plan sets new limits for offshore wind farms. It permits up to 266 wind turbines in state waters - 166 in two designated commercial wind farm areas and 100 more turbines along the coast in smaller "community" projects - as Massachusetts attempts to boost its renewable energy production.

Wind turbines will be allowed in waters south of Cuttyhunk Island, shown here. (Photo by Jackie Faherty)

The Massachusetts ocean plan establishes two new zones for commercial wind-energy projects south of Cuttyhunk Island near the southern end of the Elizabeth Islands and south of Nomans Land Island, off Martha's Vineyard.

The plan would do nothing to halt the development of the Cape Wind project, the nation's first proposed offshore wind farm, which plans to site 130 wind turbines in federal waters on Horseshoe Shoal in Nantucket Sound. Cape Wind has already received its permits from the state and now awaits federal approval.

At Massachusetts' request, the federal Minerals Management Service has convened a federal-state task force to assist in the planning and regulatory review associated with leasing areas of federal waters for large-scale wind energy development.

Previously, development in state waters has been handled on a case-by-case basis. As required by the Massachusetts Oceans Act of 2008, the new plan provides a roadmap for both environmental protection and sustainable use of ocean resources.

The culmination of four years of negotiation and collaboration between state legislators, state agencies, environmental groups, fishing organizations, energy and utility interests and other ocean users, the Oceans Act required the development of a comprehensive ocean management plan by December 31, 2009.

"For generations, the sea has sustained the Bay State - going forward, the Commonwealth will be a much better steward of these precious resources," said Secretary Bowles. "The final ocean plan is the culmination of more than a year of assembling the best available science and engaging stakeholders to develop a far-ranging and precedent-setting blueprint for managing our ocean waters."

The final plan was informed by public comments submitted in writing through November 23, 2009 and delivered orally at 18 public listening sessions, five public workshops, five formal public hearings following the release of the draft plan, and hundreds of meetings with stakeholders such as pilots, fishermen, nongovernmental organizations, renewable energy experts and academia.

It outlines a five-year, $2.5 million research plan to be pursued in partnership with, and funded by, the Massachusetts Ocean Partnership, a private nonprofit group.

Environmental advocates applauded release of the plan as a giant step toward achieving enduring stewardship of the state’s ocean waters.

Jack Clarke, Mass Audubon director of public policy and government relations, said, "This is a comprehensive and holistic plan for Bay State ocean waters. It has already provided other states and the Obama administration with a model for state and national marine policy."

"This plan is a milestone for Massachusetts and the country," said Dr. Priscilla Brooks, director of Conservation Law Foundation’s Ocean Conservation Program. "Our state’s ocean waters are a critical source of jobs, food, recreation, transportation and energy development, and are under increasing pressure from competing economic interests, not to mention the patchwork of agencies and laws that govern these strategic resources."

"We are pleased that the plan promotes development of offshore renewable energy by allowing commercial scale wind projects in state waters for the first time and designating locations where they can be built responsibly," said Brooks, who participates in the Massachusetts Ocean Partnership.

Environmentalists praised protections for special, sensitive and unique marine resources, 11 categories of ocean wildlife and habitat areas vulnerable to uses such as sand and gravel mining and construction on the seafloor that can disrupt activities of recreationally and commercially important fishes or endangered species such as the North Atlantic right whale.

In addition to the two areas set aside for commercial-scale wind energy development, which cover two percent of the planning area, the ocean plan creates three management categories:

Coastal waters at least 0.3 nautical miles seaward of mean high water and extending to the three-mile limit of state control - excluding the most developed harbor and port areas.

The Prohibited Area - located east of Lower Cape Cod coincident with the Cape Cod Ocean Sanctuary and abutting the Cape Cod National Seashore - is an area where most uses, activities and facilities are prohibited.

The Multi-Use Area, covering nearly two-thirds of the planning area, is where strong new protections are established for critical species like rare marine mammals and birds and for critical habitat such as eelgrass beds and submerged rocky areas.

Compared with the draft plan, the final ocean plan raises standards for the protection of the most sensitive marine species and habitats, allows for more community-scale wind energy development and creates a formal role for regional planning authorities in wind energy planning.

Deerin Babb-Brott, Energy and Environmental Affairs assistant secretary for oceans, who also participates in the Massachusetts Ocean Partnership, said, "The intent of the ocean plan is to serve as a vital, adaptive, living document that will guide stakeholders and user groups, resource managers and the public in the protection and balanced use of our marine waters."

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